C1C2Part 2Employment income: charge to tax

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 applied (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 969(4)(a), 1329(1) (with Sch. 2 Pts. 1, 2)

F1CHAPTER 10Workers' services provided to public sector through intermediaries

Annotations:
Amendments (Textual)
F1

Pt. 2 Ch. 10 inserted (with effect in accordance with Sch. 1 para. 16 of the amending Act) by Finance Act 2017 (c. 10), Sch. 1 para. 9

61NWorker treated as receiving earnings from employment

1

If one of Conditions A to C is met, identify the chain of two or more persons where—

a

the highest person in the chain is the client,

b

the lowest person in the chain is the intermediary, and

c

each person in the chain above the lowest makes a chain payment to the person immediately below them in the chain.

(See section 61U for cases where one of Conditions A to C is treated as being met.)

2

In this section and sections 61O to 61S—

  • chain payment” means a payment, or money's worth or any other benefit, that can reasonably be taken to be for the worker's services to the client,

  • “make”—

    1. a

      in relation to a chain payment that is money's worth, means transfer, and

    2. b

      in relation to a chain payment that is a benefit other than a payment or money's worth, means provide, and

  • the fee-payer” means the person in the chain immediately above the lowest.

3

The fee-payer is treated as making to the worker, and the worker is treated as receiving, a payment which is to be treated as earnings from an employment (“the deemed direct payment”), but this is subject to subsections (5) to (7) and sections 61T and 61V.

4

The deemed direct payment is treated as made at the same time as the chain payment made by the fee-payer.

5

Subsections (6) and (7) apply, subject to sections 61T and 61V, if the fee-payer—

a

is not the client, and

b

is not a qualifying person.

6

If there is no person in the chain below the highest and above the lowest who is a qualifying person, subsections (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the client.

7

Otherwise, subsections (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the person in the chain who—

a

is above the lowest,

b

is a qualifying person, and

c

is lower in the chain than any other person in the chain who—

i

is above the lowest, and

ii

is a qualifying person.

8

In subsections (5) to (7) a “qualifying person” is a person who—

a

is resident in the United Kingdom or has a place of business in the United Kingdom,

b

is not a person who is controlled by—

i

the worker, alone or with one or more associates of the worker, or

ii

an associate of the worker, with or without other associates of the worker, and

c

if a company, is not one in which—

i

the worker, alone or with one or more associates of the worker, or

ii

an associate of the worker, with or without other associates of the worker,

has a material interest (within the meaning given by section 51(4) and (5)).

9

Condition A is that—

a

the intermediary is a company, and

b

the conditions in section 61O are met in relation to the intermediary.

10

Condition B is that—

a

the intermediary is a partnership,

b

the worker is a member of the partnership,

c

the provision of the services is by the worker as a member of the partnership, and

d

the condition in section 61P is met in relation to the intermediary.

11

Condition C is that the intermediary is an individual.

12

Where a payment, money's worth or any other benefit can reasonably be taken to be for both—

a

the worker's services to the client, and

b

anything else,

then, for the purposes of this Chapter, so much of it as can, on a just and reasonable apportionment, be taken to be for the worker's services is to be treated as (and the rest is to be treated as not being) a payment, or money's worth or another benefit, that can reasonably be taken to be for the worker's services.